BILL NUMBER: AB 2279	CHAPTERED  09/01/00

	CHAPTER   276
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 2000
	APPROVED BY GOVERNOR   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 22, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JULY 5, 2000
	AMENDED IN ASSEMBLY   APRIL 27, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000
	AMENDED IN ASSEMBLY   APRIL 5, 2000

INTRODUCED BY   Assembly Member Dutra

                        FEBRUARY 24, 2000

   An act to amend Sections 9744 and 9745 of the Business and
Professions Code, and to amend Section 7054.6 of the Health and
Safety Code, relating to cremated human remains disposal.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2279, Dutra.  Cemeteries:  cremated remains:  licensing.
   Existing law, the Cemetery Act, requires, among other things, that
each cremated remains disposer provide the person authorizing the
scattering of cremated human remains with a copy of the completed
permit for disposition of human remains, within 60 days of the date
the scattering was authorized.
   This bill would instead provide that the completed permit be
provided to the person with the right to control the disposition of
the remains, pursuant to specified existing law, within 30 days of
the date of scattering.
   The existing Cemetery Act requires each cremated remains disposer
to file and maintain an annual report, with specified contents, and
in accordance with specified provisions.
   This bill would provide that a cremated remains disposer that
makes a willful and material false statement on the annual report
shall be subject to disciplinary action, and shall be guilty of a
misdemeanor.  By creating a new crime, this bill would create a
state-mandated local program.
   Existing law relating to dead bodies regulates the storage and
placement of cremated human remains under specified circumstances.
   This bill would specify conditions for the removal, storage, and
maintenance of cremated human remains by licensees and registrants
under the existing Cemetery Act and Funeral Directors and Embalmers
Law, and by the agents and employees of these licensees and
registrants.
   This bill would include provisions that would only become
operative if Assembly Bill 2888 is enacted and transfers the duties
of the Cemetery Program to the Cemetery and Funeral Bureau.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 9744 of the Business and Professions Code is
amended to read:
   9744.  Each cremated remains disposer shall provide the person
with the right to control the disposition of the remains under
Section 7100 of the Health and Safety Code with a copy of the
completed permit for disposition of human remains pursuant to Chapter
8 (commencing with Section 103050) of Part 1 of Division 102 of the
Health and Safety Code within 30 days of the date of the scattering .

  SEC. 2.  Section 9745 of the Business and Professions Code is
amended to read:
   9745.  (a) Each cremated remains disposer shall file, and
thereafter maintain an updated copy of, an annual report on a form
prescribed by the bureau.  The report shall include, but not be
limited to, the names of the deceased persons whose cremated remains
were disposed of, the dates of receipt of the cremated remains, the
names and addresses of the persons who authorized disposal of those
remains, the dates and locations of disposal of those remains, and
the means and manner of disposition.  The report shall cover the
fiscal year ending on June 30th and shall be filed with the bureau no
later than September 30th of each year.
   (b) Any cremated remains disposer that makes a willful and
material false statement regarding the disposal of cremated remains
in the annual report filed or updated pursuant to subdivision (a)
shall be subject to disciplinary action.
   (c) Any cremated remains disposer that makes a willful and
material false statement in the annual report filed or updated
pursuant to subdivision (a) shall be guilty of a misdemeanor.
  SEC. 2.5.  Section 9745 of the Business and Professions Code is
amended to read:
   9745.  (a) Each cremated remains disposer shall file, and
thereafter maintain an updated copy of, an annual report on a form
prescribed by the Cemetery Program.  The report shall include, but
not be limited to, the names of the deceased persons whose cremated
remains were disposed of, the dates of receipt of the cremated
remains, the names and addresses of the persons who authorized
disposal of those remains, the dates and locations of disposal of
those remains, and the means and manner of disposition.  The report
shall cover the fiscal year ending on June 30th and shall be filed
with the Cemetery Program no later than September 30th of each year.

   (b) Any cremated remains disposer that makes a willful and
material false statement regarding the disposal of cremated remains
in the annual report filed or updated pursuant to subdivision (a)
shall be subject to disciplinary action.
   (c) Any cremated remains disposer that makes a willful and
material false statement in the annual report filed or updated
pursuant to subdivision (a) shall be guilty of a misdemeanor.
  SEC. 3.  Section 7054.6 of the Health and Safety Code is amended to
read:
   7054.6.  (a) Cremated remains may be removed in a durable
container from the place of cremation or interment and kept in the
dwelling owned or occupied by the person having the right to control
disposition of the remains under Section 7100, or the durable
container holding the cremated remains may be kept in a church or
religious shrine, if written permission of the church or religious
shrine is obtained and there is no conflict with local use permit
requirements or zoning laws, if the removal is under the authority of
a permit for disposition granted under Section 103060.  The
placement, in any place, of six or more cremated remains under this
section does not constitute the place a cemetery, as defined in
Section 8100.
   (b) Prior to disposition of cremated remains, every licensee or
registrant pursuant to Chapter 12 (commencing with Section 7600) or
Chapter 19 (commencing with Section 9600) of Division 3 of the
Business and Professions Code, and the agents and employees of the
licensee or registrant, shall do all of the following:
   (1) Remove the cremated remains from the place of cremation in a
durable container.
   (2) Keep the cremated remains in a durable container.
   (3) Store the cremated remains in a place free from exposure to
the elements.
   (4) Responsibly maintain the cremated remains.
  SEC. 4.  Section 2 of this act shall only become operative if
Assembly Bill 2888 of the 1999-2000 Regular Session is enacted and
transfers the duties of the Cemetery Program to the Cemetery and
Funeral Bureau.  In that case, Section 2.5 of this act shall not
become operative.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
